HomeMy WebLinkAbout25B - HISTORIC PROPERTY 2453 N RIVERSIDE DRREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
NOVEMBER 19, 2012
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2012-05 FOR THE
PROPERTY LOCATED AT 2453 NORTH
RIVERSIDE DRIVE
r
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 151 Reading
? Ordinance on 2"d Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute the attached agreement with
James Bradley Penner and Gretchen Joy Penner, property owners, for the structure located at
2453 North Riverside Drive, subject to non-substantive changes approved by the City Manager
and City Attorney.
HISTORIC RESOURCES COMMISSION ACTION
Recommended that the City Council authorize the City Manager and Clerk of the Council to
execute the attached agreement with James Bradley Penner and Gretchen Joy Penner, property
owners, for the structure located at 2453 North Riverside Drive, subject to non-substantive
changes approved by the City Manager and City Attorney at its October 4, 2012 meeting by a
vote of 6:0 (Bustamante and Yrarrazaval absent).
DISCUSSION
After the public hearing on October 4, 2012, the Historic Resources Commission reviewed the
proposed Historic Property Preservation Agreement (Mills Act Contract) and concluded that the
resulting potential property tax savings would encourage the owner to reinvest the tax savings in
the maintenance of their historic property, and would benefit both the owner and the community
(Exhibit A). Additionally, the agreement prevents inappropriate alterations.
FISCAL IMPACT
The Historic Property Preservation Agreement will reduce the property tax revenue to the City by
an estimated $190.43 to $952.15 annually, for a period of not less than ten years.
APPROVED AS TO FUNDS AND ACCOUNTS:
-7-1L
J". Trevino Francisco Gutierrez
Executive Director Executive Director
Planning & Building Agency Finance & Management Services Agency
HS:rb hs\historic info\mills act agreements\hppat2-05_2453_N_Riverside.hrc
Exhibit: A. Historic Resources Commission Staff Report
25B-1
25B-2
REQU EST FOR
Historic Resources Commission Action
HISTORIC RESOURCES CONMSSION MEETING DATE:
OCTOBER 4, 2012
TITLE:
HISTORIC RESOURCES COMMISSION SECRETARY
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2012-05 FOR THE PROPERTY
LOCATED AT 2453 NORTH RIVERSIDE DRIVE
Prepared by Hally Soboleske
APPROVED
? As Recommended
? As Amended
? Set Public Hearing For
CONTINUED TO
CW_-L, KaU4k__, t-1
Executive Director Planning nager
RECOMMENDED ACTION
Recommend that the City Council direct the City Attorney to prepare and authorize the City
Manager and the Clerk of the Council to execute an agreement with James Bradley Penner and
Gretchen Joy Penner for the structure located at 2453 North Riverside Drive.
DISCUSSION
Request of Applicant
The applicants, James Bradley Penner and Gretchen Joy Penner, request the approval of Historic
Property Preservation Agreement No. 2012-05 (Mills Act) between the applicants and the City of
Santa Ana.
Property Description
The subject property includes a two-story residence and a detached two-car garage located at
2453 North Riverside Drive, and is within the Floral Park neighborhood (Exhibit 1). Surrounding
land uses are residential.
Analysis of the Issues
In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation
Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties.
The agreement provides monetary incentive to the property owner in the form of a property tax
reduction in exchange to the owner's voluntary commitment to maintain the property in a good
state of repair and to rehabilitate the property as necessary to maintain its character and
appearance. Once recorded, the agreement triggers the use of a different valuation method in
determining the property's assessed value, thereby resulting in potentially significant property tax
savings for the owner.
EXHIBIT A
25B-3
HPPA No. 2012-05
October 4, 2012
Page 2
One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa
Ana Register of Historical Properties. The subject property was placed on the local register and
categorized as Contributive in October 2012 by the Historic Resources Commission (Exhibit 2).
Upon consideration of the application, it is recommended that the City enter into a Historic Property
Preservation Agreement (Exhibit 3). A review of the property indicates that this Spanish Colonial
Revival styled structure is in excellent condition. As a result, a supplemental property rehabilitation
plan will not be required as part of this agreement. Photos of the property are included with the
agreement as well as a photo location map. The benefits of executing this agreement include, but
are not limited to, the following:
1. Reduced property tax to allow reinvestment for the long-term preservation of the property.
2. Allows for a mechanism to provide for property rehabilitation.
3. Provides an additional incentive for potential buyers to purchase historic structures.
4. Discourages inappropriate alterations to the historic property.
5. Provides an opportunity for visual improvement to the physical environment of the
community.
6. Offers additional support and attention for historic districts and historic structures in the City.
CEQA Compliance
In accordance with the California Environmental Quality Act, the recommended action is not
considered a project, and as such, is not subject to further environmental review.
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Associate HS:jm
hslhistodc info\mills act agreementslhppal2.05_2453_N_Riverside.hrc
Attachments:
Exhibit 1 - Radius Map
Exhibit 2 - Executive Summary
Exhibit 3 - Mills Act Agreement
25B-4
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2453 North Riverside Drive
PLANNING AND BUILDING AGENCY
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EXECUTIVE SUMMARY
WALKER HOUSE
2453 North Riverside Drive
Santa Ana, CA 92706
E Walker House REF. NO.
F
RESS 2453 North Riverside Drive
Santa Ana ZIP 92706 ORANGE COUNTY
YEAR BUILT 1931 LOCAL REGISTER CATEGORY: Key
HISTORIC DISTRICT NIA NEIGH130RHOOD Floral Park
CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 5S1
Location: ? Not for Publication ® Unrestricted
? Prehistoric ® Historic ? Both
ARCHITECTURAL STYLE: Spanish Colonial Revival
The Spanish Colonial Revival style, as its name implies, encompasses two major subcategories. The Spanish Colonial
Revival flourished between 1915 and 1940, reaching its apex during the 1920s and 1930s. The movement received
widespread attention after the Panama-California Exposition in San Diego in 1915, where lavish interpretations of
Spanish and Mexican prototypes were showcased. Easily recognizable hallmarks of the Spanish Colonial Revival are
low-pitched roofs, usually with little or no overhangs and red tile roof coverings, fiat roofs surrounded by tiled parapets,
and stuccoed walls. The Spanish vocabulary also includes arches, asymmetry, balconies and patios, window grilles, and
wood, wrought iron, tile, or stone decorative elements.
SUMMARYICONCLUSION:
The Walker House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its
exemplification of the distinguishing characteristics of the Spanish Colonial Revival style. Additionally, the
house has been categorized as "Key" because it "contributes to the overall character and history" of Santa
Ana, and, as an example of the Mission/Spanish Colonial Revival style in the Floral Park neighborhood and
has a "distinctive architectural style and quality" (Municipal Code, Section 30-2.2).
EXPLANATION OF CODES:
• California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance
Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.)
3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or
represents the work of a master, or possesses high artistic values.
• California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.)
5S1: Contributor to a district determined eligible for the National Register by consensus through Section
106 process. Listed in the California Register.
EXHIBIT 2
Page 1 of 5
25B-6
State of California-The Resources Agency Primary#
DEPARTMENT OF PARKS AND RECREATION HRI #
PRIMARY RECORD Trinomial
Other Listings NRHP Status Code
Review Code Reviewer Date
Page 4 of 4 Resource name(s) or number (assigned by recorder) Walker Horse
P1. Other Identifier:
*P2. Location: ONot for Publication ¦Unrestricted *a. County Orange County
*b. USGS 7.5' Quad TCA0053 Date:
*c. Address 2453 N. Riverside Drive City Santa Ana Zip 92706
*e. Other Locational Data: Assessor's Parcel Number 002-050-08
*P3a. Description: (Describe resource and Its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.)
Characterized by horizontal massing and a rectangular plan, this is a two-story, stucco-Gad residence Is designed in the
Spanish Colonial Revival style. Featuring an asymmetrical oomposillon, the residence has a two story wing to the east, and
a single story bay to the west. The roof Is clad in red clay tiles terminating In very shallow eaves In a cross-gabled style. The
focal point of the front elevation is the heavy wooden front door surrounded by an unusual Italian Renaissance style
stuccoed half plfars with a squared pediment. Another distinguishing feature, derived from other styles of architecture, Is a
porthole window centered above the front door, adorned with a typical wrought Iron grNe ornamentation. Windows on the
front elevation Include recessed casement with stucco receding Into the recession, with second story windows adorned with
wooden shutters. The lower story windows on the eastern bay are sheltered by a stuccoed shed roof, with a diamond grilled
window immedlately to the left, between the front door and lower elevation windows. The westem bay has, what appears to
be a fixed nine light window. A chimney protrudes from the western bay with an unusual three-step configuration from the
most western side of the structure to the chimney. It Is lopped by a decorative spark arrestor. The front landing Is covered
with nonoriginal Mexican file and concrete with a walkway that leads to the street. The garage has matching roof file and
exterior materials, but is nondescript and noncontributing to the historic status of this property. Although the front yard Is
devoid of ornamental landscape other than an aged palm tree, the rear yard appears to have lush and old growth trees. The
residence is In excellent repair.
*P3b. Resource Attributes: (list attributes and codas) HP2. Single-family Property
*P4. Resources Present: ¦Building OStructure 00bject ?Site ?District ?Element of District OOther
P5b. Photo: (view and date)
South facing elevation
2012
*P6. Date Constructed/Age and
Sources: ¦historic
1931/Cly of Santa Ana Building
Permits
*P7. Owner and Address:
James and Gretchen Penner
2453 North Riverside Drive
Santa Ana, Ca 92706
*P8. Recorded by:
H. Soboleske
20 Civic Center Plaza M-20
Santa Ana, CA 92702
*P9. Date Recorded:
September 19, 2012
*P10. Survey Type:
Intensive Survey Update
*Attachments: ONone OLocation Map OSketch Map ¦Continuation Sheet ¦Bulkling, Structure, and Object Record
OArchaeological Record ODistdct Record OLinear Feature Record DMilling Station Record ?Rock Art Record
OArtifact Record OPhotograph Record O Other (list)
DPR 523A (1185) *Required Information
25B P?e2of5
*P11. Report Citation: (Cite survey report and other sources, or enter "none")
State of California-The Resources Agency Primary#
DEPARTMENT OF PARKS AND RECREATION HRI#
BUILDING, STRUCTURE, AND OBJECT RECORD
Page 2 of 4 *CHR Status Coda 5S1
musource riame or ff: vvarxer mouse
B1. Historic Name: Walker House
B2. Common Name: Same
B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence
*B5. Architectural Style: Spanish Colonial Revival
*86. Construction History: (Construction date, alterations, and date of alterations): Constructed 1931
February 2, 1931. Residence and garage. $17,500.
February 18, 1931. One fixture by Otto Juhlin for David Howell.
August 1, 1955. Bedroom addition to residence for David Howell.
August 17, 1955. Plastering.
April 17, 1986. Furnace.
*1137. Moved? ¦No ?Yes ?Unknown Date: Original Locatio
*88. Related Features:
None.
B9a. Architect: Unknown
b. Builder: Unknown
*B10. Significance: Theme Residential Architecture Area Santa Ana
Period of Significance: circa 1895-1965 Property Type: Single-family Residence Applicable Criteria: NR: C, CR. 5
(Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address Integrity)
The Walker House is architecturally significant as an intact example of the Spanish Colonial Revival style and for its unique
and distinctive style. The original owners appear to be Henry and Louise Walker who lived a half block to the east In 1926 at
2311 North Riverside Drive. The Walkers, Including sons Charles and James, moved often during their residence in Santa
Ana to approximately 5 different residences. Mr. Walker was a merchant/owner of Walker Liquor. They lived at this location
from 1931 until the mid-forties when the residence was purchased by David and Cath Howell, both attorneys. The Howells
lived at this residence until well into the 1950's with David retiring in 1952. The home changed ownership many times after the
Howell's owned it.
(See Continuation Sheet 3 of 4.)
B11. Additional Resource Attributes: (List attributes and codes)
*B12. References:
City of Santa Ana Building Permits
Santa Ana History Room Collection, Santa Ana Public Library
Sanborn Fire Insurance Maps, Santa Ana, 1906-1950, Sheet 53
(See Continuation Sheet 3 of 4.)
B13. Remarks:
*B14. Evaluator: Hally Soboteske
*Date of Evaluation: September 19, 2012
DPR 5238 (1195)
(This space reserved for official comments.)
Sketch Map
V5?' It
4 0 2453 North Riverside Drive
"002-050-08
4
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25EYtof5
State of California-The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
CONTINUATION SHEET Trinomial
Page 3 of 4 Resource Name or # (Assigned by recorder) Walker House
--McGUMOU Dy "ally 0oDOresKe
*B10. Significance (continued):
'Date Qctober 4, 2012 0 Continuation 0 Update
The Walker House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by East
Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados, and walnuts and
widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981),
credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived In Santa Ana from Beaver Falls,
New York in 1922 (Talbert, pages 353-356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land.
And that month, he began building custom homes In Santa Ana" (Orange County Register, September 15, 1981). The parcel
chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the
Floral Park homes were the most lavish and expensive In the area. They sold for about $45,000 each" (Orange County
Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and
1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival.
The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa
Ana City Hall, the El Toro Marine Base during World War 11, and the 1960 Honer Shopping Plaza. Honer lived in the
neighborhood he had helped to create, at 615 West Santa Clara Avenue.
In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral
Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa
Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial
Revival mansion at 2009 Victoria Drive. In the early post World War 11 years, Floral Park continued its development as
numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style.
In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2007) Floral Park maintains Its
identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens.
The Walker House also qualifies for listing In the Santa Ana Register of Historical Properties under Criterion 1 for its
exemplification of the distinguishing characteristics of the Spanish Colonial Revival style. Typical features of this style
illustrated by the house include the signature combination of stucco walls with a red tile roof, faux recessed entry and
casement windows, horizontal massing suggestive of a hacienda; asymmetrical composition; and wood-trimmed eaves.
Additionally, the house has been categorized as "Key" because it "has a distinctive and unique style of architecture"
Character-defining exterior features of the Walker House that should be preserved Include, but may not be limited to,
materials and finishes (stucco, wood, wrought Iron, and red tiles), asymmetrical treatment of elements on the fagade; roof
configuration and detailing, original windows and doors where extant; stepped chimney, architectural details such as the door
surrounds and shutters. Other distinctive and character defining features include a porthole window above the front door with
wrought Iron ornamentation.
DPR 523L Page 4 of 5
25B-9
State of California-The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
CONTINUATION SHEET Trinomial
Page 4 of 4 Resource Name or # (Assigned by recorder) Walker House
*Recorded by Hally Soboleske *Data October 4, 2012 ® Continuation ? Update
*B12. References (continued):
Armor, Samuel, Htstory of Orange County. Los Angeles: History Record Company, 1921.
City of Santa Ana, Office of the Clerk of the City Council. "City of Santa Ana Election History" (n.d.).
Franklin, Don. WIN Santa Ana History. Roy Russell & Son, Builders." Unsourced article from the Santa Ana History Room
Historic House File, circa 1995.
Harris, Cyril M. American Architecture: An Illustrated Enciviouedia. New York: WW Norton, 1998.
Marsh, Diann. Santa Ana. An illustrated History. Encinitas, Heritage Publishing, 1994.
McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984.
National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National
Register Branch, National Park Service, US Dept. of the Interior, 1991.
Office of Historic Preservation. "Instructions for Recording Historical Resources."Sacramento: March 1995.
Pleasents, J.E. History of Orange County California Blograahical Volume tll. Los Angeles: JR Finnell & Sons Publishing Co.,
1931.
Santa Ana and Orange County Directories, 1930-1962.
Ex-Santa Ana Mayor Dies." Santa Ana Register. December 1, 1953.
Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969.
Alison Honer Dies at 84." The State Ana Journal. September 21, 1981.
"Builder of Honer Plaza Dies."Orange County Register. September 15, 1981.
History of Floral Park." httn.//www.floral-park.com/page2.litml.
OPR 523L Page 5 of b
25B-10
AIILLS ACT AGREEMENT
2453 North Riverside Drive
Santry Ana, CA 92706
RECORDING REQUESTED BY:
City of Santa Ana
AND WHEN RECORDED MAIL TO:
City of Santa Ana
Attn: City Clerk
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
FREE RECORDING GOVERNMENT CODE §6103
HISTORIC PROPERTY PRESERVATION AGREEMENT
This agreement ("Agreement') is made and entered into this November 5, 2012 by and
between the City of Santa Ana, a charter city and municipal corporation duly organized and
existing under the Constitution and laws of the of the State of California (hereinafter referred to
as "City"), and James Bradley Penner and Gretchen Joy Penner, (hereinafter referred to as
"Owners"), owners of real property located at 2453 North Riverside Drive, Santa Ana,
California, 92706 in the County of Orange and listed on the Santa Ana Register of Historical
Properties.
RECITALS
A. The City Council of the City of Santa Ana is authorized by California
Government Code Section 50280 et seq. (known as the "Mills Act") to enter into
contracts with owners of qualified historical properties to provide for appropriate
use, maintenance, rehabilitation and restoration such that these historic properties
retain their historic character and integrity.
B. The Owner possesses fee title in and to that certain qualified real property
together with associated structures and improvements thereon, located at 2453
North Riverside Drive, Santa Ana, CA, 92706 and more particularly described in
Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter
referred to as the "Historic Property".
C. The Historic Property is officially designated on the Santa Ana Register of
Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana
Municipal Code.
D. The City and the Property Owner, for their mutual benefit, now desire to enter
into this Agreement which defines and limits the use and alteration of this
Historic Property in order to enhance and maintain its value as a cultural and
historical resource for the Owner and for the community; to prevent inappropriate
alterations to the Historic Property and to ensure that repairs, additions, new
-1-
?1T?
MILLS ACT AGREEMENT
2453 North Rit,erside Drine
Santa Area, CA 92706
building, and other changes are appropriate; and to ensure that rehabilitation and
maintenance are carried out in an exemplary manner.
E. The Owner and the City intend to carry out the purposes of California
Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section
50280 et seq., which will enable the Historic Property to qualify for an assessment
of valuation as a restricted historical property pursuant to Article 19, Sec. 439 et
seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code.
NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property
agree as follows:
1. Effective Date and Terms of Agreement.
This Agreement shall be effective and commence on November 5, 2012, and shall
remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the
effective date of this Agreement, such initial term will automatically be extended as provided in
California Government Code Sections 50280 through 50290 and in Section 2, below.
2. Renewal.
a. Each year on the anniversary of the effective date of this Agreement, a year shall
automatically be added to the initial ten (10) year terra of this Agreement unless written notice of
nonrenewal is served as provided herein.
b. If the Owner or the City desire(s) in any year not to renew the Agreement, the
Owner or City shall serve written notice of nonrenewal of the Agreement on the other party.
Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual
renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual
renewal date, one (1) year shall automatically be added to the term of the Agreement as provided
herein.
C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a
written protest of City's decision of nonrenewal. The City may, at any time prior to the annual
renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal.
d. If either the Owner or the City serves notice to the other of nonrenewal in any
year, the Agreement shall remain in effect for the balance of the term then remaining, either from
its original execution or from the last renewal of the Agreement, whichever may apply.
3. Standards and Conditions for Historic Property.
During the term of this Agreement, the Historic Property shall be subject to the following
conditions, requirements and restrictions:
-2-
25B-12
MILLS ACT AGREEMENT
2453 North Riverside Drive
Santa Ann, CA 92706
a. Owner shall maintain the Historic Property in a good state of repair and shall
preserve, maintain, and, where necessary, restore or rehabilitate the property and its character-
defining features, notably the general architectural form, style, materials, design, scale,
proportions, organization of windows, doors, and other openings, textures, details, mass, roof
line, porch and other aspects of the appearance of the exterior to the satisfaction of the City.
b. All changes to the Historic Property shall comply with applicable City plans and
regulations, and conform to the rules and regulations of the Office of Historic Preservation of the
State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's
Standards and Guidelines for Historic Preservation Projects. These guidelines are attached
hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the
exterior of the property, as of the effective date of this Agreement, is documented in photographs
attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually
maintain the Historic Property in the same or better condition as documented in Exhibit C.
C. A view corridor enabling the general public to see the Historic Property from the
public right-of-way shall be maintained, and Owner shall not be permitted to block the view
corridor to the property with any new structure, such as walls, fences or shrubbery, so as to
prevent the viewing of the historic landmark by the public.
d. The following are prohibited: Demolition of the Historic Property or destruction
of character-defining features of the building or site; removal of trees and other major vegetation
unless removal is approved by a rehabilitation plan approved by the Historic Resources
Commission, paving of yard surface; exterior alterations or additions unless approved by the
Historic Resources Commission and such alternations are in keeping with the Secretary of
Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs,
doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as
cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is
unsightly by reason of its height, condition, or inappropriate location.
e. Owner shall allow reasonable periodic examination, by prior appointment, of the
interior and exterior of the Historic Property by representatives of the County Assessor, the State
Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana
as may be necessary to detennine the Owner compliance with the terms and provisions of this
Agreement.
4. Furnishing of Information.
The Owner hereby agrees to furnish the City with any and all information requested
which may be necessary or advisable to determine compliance with the terms and provisions of
this Agreement.
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256-13
MILLS ACT AGREEMENT
2453 North Riverside Drive
Santa Ana, CA 92706
5. Cancellation.
a. The City, following a duly noticed public hearing by the City Council as set forth
in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the
Owner has breached any of the conditions of this Agreement, or have allowed the property to
deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or
if the City determines that the Owner has failed to restore or rehabilitate the property in the
manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the
Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code
Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half
(12 %2) percent by Government Code Section 50286) of the current fair market value of the
property at the time of the cancellation, as determined by the county assessor, without regard to
any restriction imposed pursuant to this Agreement.
b. If the Historic Property is destroyed by earthquake, fire, flood or other natural
disaster such that in the opinion of the City Building Official more than sixty (60) percent of the
original fabric of the structure must be replaced, this Agreement shall be canceled because, in
effect, the historic value of the structure will have been destroyed. No fee shall be imposed in
the case of destruction by acts of God or natural disaster.
C. If the Historic Property is acquired by eminent domain and the City Council
determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be
cancelled and no fee imposed, as specified in Government Code Section 50288.
6. Enforcement of Agreement.
a. In lieu of and/or in addition to any provisions to cancel the Agreement as
referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the
Agreement. In the event of a default, under the provisions to cancel the Agreement by the
Owner, the City shall give written notice to the Owner by registered or certified mail, and if such
a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for
Development Services or designee within thirty (30) days thereafter, or if not corrected within
such a reasonable time as may be required to cure the breach or default, or default cannot be
cured within thirty (30) days (provided that acts to cure the breach or default may be commenced
within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner),
then the City may, without further notice, declare a default under the terms of this Agreement
and may bring any action necessary to specifically enforce the obligations of the Owner growing
out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief
against any violation by the Owner or apply for such relief as may be appropriate.
b. The City does not waive any claim of default by the Owner if the City does not
enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise
provided for in this Agreement or in the City's regulations governing historic properties are
available to the City to pursue in the event that there is a breach of this Agreement. No waiver by
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25B-14
MILLS ACT AGREEMENT
2453 North Riverside Drive
Santa Ana, CA 92706
the City of any breach or default under this Agreement shall be deemed to be a waiver of any
other subsequent breach thereof or default hereunder.
7. Binding effect of Agreement.
a. The Owner hereby subjects the Historic Property, located at 2453 North
Riverside Drive, Assessor Parcel Number, 002-050-08, and more particularly described in
Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in
this Agreement.
b. The City and Owner hereby declare their specific intent that the covenants,
reservations and restrictions as set forth herein shall be deemed covenants running with the land
and shall pass to and be binding upon the Owner's successors and assigns in title or interest to
the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering
or conveying the Historic Property or any portion thereof, shall conclusively be held to have
been executed, delivered, and accepted subject to the tenants, restrictions, and reservations
expressed in this Agreement regardless of whether such covenants, restrictions and reservations
are set forth in such contract, deed, or other instrument,
$. No Compensation.
Owner shall not receive any payment from the City in consideration of the obligation
imposed under this Agreement, it being recognized that the consideration for the execution of
this Agreement is the substantial public benefit to be derived therefrom and the advantage that
will accrue to the Owner as a result of the effect upon the assessed value of the property on the
account of the restrictions on the use and preservation of the property.
9. Notice.
Any notice required by the terms of this Agreement shall be sent to the address of the
respective parties as specified below or at other addresses that may be later specified by the
parties hereto.
City: City of Santa Ana
Attn: City Clerk
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Owner: James Bradley Penner and Gretchen Joy Penner
2453 North Riverside Drive
Santa Ana, CA 92706
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25B-15
MILLS ACT AGREEMENT
2453 Noy-tit Riverside Drive
Santa Ana, CA 92706
10. General Provisions.
a. None of the terms, provisions, or conditions of this Agreement shall be deemed
to create a partnership between the parties hereto and any of their heirs, successors, or assigns,
nor shall such terms, provisions or conditions cause them to be considered joint ventures or
members of any joint enterprise.
b. The Owner agrees to and shall indemnify and hold the City and its elected and
appointed officials, officers, agents, and employees harmless from liability for damage or claims
for damage for personal injuries, including death, and claims for property damage which may
arise from the direct or indirect use or operations of the Owner or those of his or her contractor,
subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the
use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall
defend the City and its elected and appointed officials, officers, agents, and employees with
respect to any and all actions for damages caused by, or alleged to have been caused by, reason
of the Owner's activities in connection with the Historic Property.
C. This hold harmless provision applies to all damages and claims for damages
suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the
operations referred to in this Agreement regardless of whether or not the City prepared, supplied,
or approved the plans, specifications or other documents for the Historic Property.
d. All of the Agreements, rights, covenants, reservations, and restrictions
contained in this Agreement shall be binding upon and shall inure to the benefit of the parties
herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or
portion of the Historic Property, whether by operation of law on in any manner whatsoever.
C. In the event legal proceedings are brought by any party or parties to enforce or
restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to
determine the rights and duties of any party hereunder, the prevailing party in such proceeding
may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and
other relief ordered by the court.
£ In the event that any of the provisions of this Agreement are held to be
unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive
legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall
not be effected thereby.
g. This Agreement shall be construed and governed in accordance with the laws of
the State of California.
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256-16
MILLS ACT AGREEMENT
2453 North Riverside Drive
Santa Ana, Cf! 92706
11. Recordation.
No later than twenty (20) days after the parties execute and enter into this Agreement, the
City shall cause this Agreement to be recorded in the office of the County Recorder of the
County of Orange.
12. Notice of the Contract to Office of Historic Preservation.
No later than six (G) months of entering into the contract, the owner or agent of an owner
shall provide written notice of this Agreement to the Office of Historic Preservation.
13. Amendments.
This Agreement may be amended, in whole or in part, only by a written recorded
instillment executed by the parties hereto.
14. Effective Date
This Agreement shall be effective on the day and year first written above.
15. Signatures.
ATTEST: CITY OF SANTA ANA
MARIA D. HUIZAR
Clerk of the Council
Property Owners:
Date:
Date:
PAUL M. WALTERS
City Manager
By:
James Bradley Penner
By:
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
Ryan O. Hodge
Assistant City Attorney
Gretchen Joy Penner
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256-17
MILLS ACT AGREEMENT
2453 North Riverside Drive
Samna Agra, CA 92706
Exhibit A
TR 754 LOTS 12/13
Assessor Parcel No. 002-050-08
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25B-18
HILLS ACT AGREEMENT
2453 North Riverside Drive
Santa Ana, CA 92706
Exhibit B
Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S.
Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows:
Every reasonable effort shall be made to provide a compatible use for a property
which requires minimal alteration of the building, structure, or site and its
environment, or to use a property for its originally intended purpose.
2. The distinguishing original qualities or character of a building, structure or site
and its enviromnent shall not be destroyed. The removal or alteration of any
historic material or distinctive architectural features should be avoided when
possible.
3. All buildings, structures, and sites shall be recognized as products of their own
time. Alterations that have no historical basis and which seek to create an earlier
appearance shall be discouraged.
4. Changes which may have taken place in the course of time are evidence of the
history and development of a building, structure, or site and its environment.
These changes may have acquired significance in their own right, and this
significance shall be recognized and respected.
5. Distinctive stylistic features or examples of skilled craftsmanship which
characterize a building, structure, or site shall be treated with sensitivity.
6. Deteriorated architectural features shall be repaired rather- than replaced,
whenever possible. In the event replacement is necessary, the new material
should match the material being replaced in composition, design, color, texture,
and other visual qualities. Repair or replacement of missing architectural features
should be based on accurate duplications of features, substantiated by historic,
physical, or pictorial evidence rather than on conjectural designs or the
availability of different architectural elements from the other buildings or
structures.
7. The surface cleaning of structures shall be undertaken with the gentlest means
possible. Sandblasting and other cleaning methods that will damage the historic
building materials shall not be undertaken.
8. Every reasonable effort shall be made to protect and reserve archaeological
resources affected by, or adjacent to any project.
9. Contemporary design for alternations and additions to existing properties shall not
be discouraged when such alterations and additions do not destroy significant
historical, architectural or cultural material, an such design is compatible with
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25B-19
MILLS ACT AGREEMENT
2453 North Riverside Drive
Santa Ana, CA 92706
size, scale, color, material and character of the property, neighborhood, or
enviroiunent.
10. Wherever possible, new additions or alterations to structures shall be done in such
a manner that if such additions or alterations need to be removed in the fixture, the
essential form and integrity of the stnicture would be unimpaired.
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25B-20
Exhibit C (photographs attached)
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256-21
MILLS ACT AGREEMENT
2453 North Riverside Drlve
Santa Ana, CA 92706
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25B-22